My sister has an IVO out against her ex partner but it has…

Good Evening

If they have mediation and the IVO is not changed he will be in breach of it.

If I was acting from him I would be suggesting he not go unless the IVO is amended.

If she is happy to have mediation, then the IVO should be amended to say that he can approach her for the purpose of having a mediation and the mediator must be in the same room and he is not to intimidate or harass her. She can arrange the mediation and then have the order amended for the sessions that the mediator says.

If it is not amended and he is in the same room as her, technically he is in breach and she can call the police.

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Regards

Leon

Good Evening

The act is the following

http://classic.austlii.edu.au/au/legis/vic/consol_act/psioa2010409/

That deals with intervention orders

The IVO does not affect your sister.

It only affects him. If he is near her he is in breach. Nothing can happen to her she cannot breach it only him.

If she wants to make sure that mediation is not a breach then she has to have it amended.

I hope this is clearer.

She is not at risk he is.

There is no section that says this.

That is the law.

If he approaches her even if she invites him he is in breach.

The order says he must not go near her.

Good Evening

He should not go anywhere near her, no matter what with the current orders. If he does he is in breach and commits a criminal offence. The order is very strict.

He is the one with the order not the organisation

She should not withdraw the IVO.

If she does she has no protection.

If she wants to make sure he is not in breach when they have mediation she has to go to court and get the order changes ot allow him to be with her at mediation.

Good Morning

I will request it be closed

All the best